A Lagos High Court sitting at the Ikeja Division has fixed Thursday, October 9, 2014, for hearing in a suit (No ID 820m /13) instituted by a Lagos cleric, Pastor Omowaye Adeniyi Jacob, against the Nigeria Police over the auctioning of his vehicle.
Omowaye, a pastor of the Cherubim and seraphim Church, Ikorodu, had dragged the Divisional Police officer, Shagamu Road Police Station, SplEdiagbonya Bernard and four others to court for auctioning his accidented vehicle, a Mitsubishi Canter Truck with Reg. No.XY 357 LSR while the case was still under investigation.
In his application for the enforcement of his Fundermental Right to Personal Liberty, right to Property, Freedom of movement, Right against Compulsory Acquisition of Property, Omowaye seeks relief on seven grounds among which are; a declaration of the continued detention and sale of the said truck as unlawful, illegal and unconstitutional in that it violates his fundamental right to property and right against compulsory acquisition of property as guaranteed by section 43 and 44 of the constitution of the Federal Republic of Nigeria 1999 ( as amended) as well as article 14 of the African Charter of Human and Peoples Right (Ratification and Enforcement) act Cap 10 laws of the Federation of Nigeria 1990.
Other reliefs are the unconditional release of the said vehicle and a N500, 000,000.00 (five hundred million Naira only) damages\compensation against the respondents, among others.
Omowaye explained that the truck had a lone accident on January 25, 2014 somewhere along Itokin Road, Ikorodu Division and collided with a NEPA electric pole after which the truck was kept in the custody of the Lagos State Traffic Management Office, Ikorodu, by the Police.
He explained further that he was surprised that the same vehicle was auctioned by a new DPO, who did not know the genesis of the case on the 4th of October, 2012, five months after he resumed office.
In response, the defendants declared that the vehicle was auctioned following due process and adequate pre-auction notice, as it has passed the mandatory period allowed such vehicles and that the applicant never came forward to claim the vehicle before the speculated period.